MEMORANDUM OF LAW IN SUPPORT OF DISCHARGE OF DEBT UPON LAWFUL TENDER UNDER UCC $§ 3-603, 3-601; HOUSE JOINT RESOLUTION 192 (PUBLIC LAW 73-10); AND 31 U.S.C. $ 5118
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Upon lawful tender of payment, including negotiable instruments recognized under the Uniform Commercial Code (UCC), the underlying debt is discharged by operation of law-even if the creditor refuses to accept it. UCC §§ 3-603 and 3-601 expressly provide that tender discharges the obligation to the extent of the amount tendered, and refusal by the creditor does not revive the debt. House Joint Resolution 192 (Public Law 73-10) and 31 U.S.C. § 5118 further prohibit any creditor from demanding payment in a specific type of currency or rejecting lawful tender on the basis of form.
Since 1933, all debts, public and private, must be discharged dollar-for-dollar using legal tender, and no party may compel payment in gold, specie, or other restricted forms. Refusal to accept such lawful tender constitutes dishonor and operates as a waiver of claim.
Therefore, any continued effort to enforce a debt after valid tender is legally baseless and potentially fraudulent.
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MEMORANDUM OF LAW IN SUPPORT OF DISCHARGE OF DEBT UPON LAWFUL TENDER UNDER UCC $§ 3-603, 3-601; HOUSE JOINT RESOLUTION 192 (PUBLIC LAW 73-10); AND 31 U.S.C. $ 5118
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